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Click here for the full text of this decision FACTS:Appellant Transportadora Egoba SA de CV (Egoba) is a Mexican trucking company with its principal place of business in Queretaro, Mexico. On Sept. 13, 2004, Jose Antonio Arredondo, Miriam Arredondo, Jose Arredondo, Juan Arredondo, Juana Arredondo and Selena Arredondo left their home in Dimmitt, Texas, for a family visit in Mexico. While in Mexico the next day, the family was in their vehicle, which had come to a stop because of traffic congestion. While stopped, their vehicle was hit from behind by an Egoba truck. The force of the impact sent the Arredondo vehicle into another vehicle. The truck’s driver fled the scene. Juan Antonio suffered substantial injuries and Miriam, Jose, Juan, Juana and Selena were killed. Appellees filed suit against Egoba in Webb County. Egoba filed a special appearance, which the trial court denied. Egoba appealed the denial. HOLDING:Affirmed. The Texas long-arm statute, the court stated, allows a Texas court to exercise personal jurisdiction over a nonresident defendant who does business in Texas, and the statute reaches as far as federal and state constitutional guarantees of due process allow. Therefore, the court stated, the requirements of the Texas long-arm statute are satisfied if the exercise of personal jurisdiction comports with federal due process limitations. The due process clause permits a state to exert personal jurisdiction over a nonresident defendant only if the defendant has some minimum purposeful contacts with the state and the exercise of jurisdiction will not offend traditional notions of fair play and substantial justice, the court further stated. Egoba asserted its contacts with Texas were too attenuated to support personal jurisdiction. The court disagreed. The court first found that Egoba had minimum purposeful contacts with the state. The court noted that one of Egoba’s directors lived in Laredo; Egoba’s website promotes its services in Texas; some of its trucks frequently enter Texas; the company has obtained trucking permits from the Texas Department of Transportation and has a registered agent in Texas; the company has a bank account in Laredo; Egoba owns an unimproved lot of land in Laredo on which it parks its trucks; and within the past several years, Egoba has been a party to two lawsuits filed in Texas courts. The court then found that the the exercise of jurisdiction over Egoba would not offend traditional notions of fair play and substantial justice because the accident occurred in Mexico, and did not occur as a result of Egoba’s contacts with Texas. The court noted that while procuring testimony from Mexican citizens and securing evidence that is in Mexico may pose logistical challenges, those concerns in this case do not render the exercise of personal jurisdiction fundamentally unfair. Egoba’s contacts with Texas are extensive, one of its directors lives in Texas and the company has availed itself of the Texas legal system in the past, the court stated. These factors combined with Texas’ strong interest in ensuring its citizens and residents are not deprived of a remedy if forced to adjudicate their claims in a foreign jurisdiction indicate that exercising personal jurisdiction over Egoba would not pose due process problems, the court stated. The court was unpersuaded by Egoba’s contention that forcing it to defend itself in Texas from liability for an incident that occurred in Mexico would effectively be raising nontariff barriers to trade. OPINION:Marion, J.; Stone, Duncan and Marion, J.J.

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